Vermont Quitclaim Deed of Life Estate Interest Created Under A Will, to the Remainderman

State:
Multi-State
Control #:
US-OG-065
Format:
Word; 
Rich Text
Instant download

Description

It is not uncommon for a will to provide that a person be devised a life estate interest in mineral or royalty interests, and on the death of that person, the remainder of the interest to pass to another party. This deed form provides for the owner of a life estate, devised under a will, to quit claim that life estate interest to the owner of the remainder interest.

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FAQ

A Vermont enhanced life estate deed (aka ?lady bird deed?) allows a real estate owner to name a grantee who will inherit their property after their passing.

Defines an "enhanced life estate deed" (ELE) as a deed, recorded during the lifetime of the grantor, in which: (a) the grantor expressly reserves a common law life estate; (b) the grantor expressly reserves the right to grant, sell, gift, lease, transfer or encumber real property during the grantor's lifetime; (c) the ...

Although there are variations of the Lady Bird Deed that exist in other states, Vermont has been just one of six states that recognize an Enhanced Life Estate Deed. (The 5 other states include Texas, Florida, Michigan, North Carolina, and West Virginia.)

In order to have a quitclaim deed admitted to record in Vermont, it should be signed by the party granting the real estate, acknowledged by the same, and recorded in the clerk's office in the town where the property is situated.

There is no simple way to reverse a life estate because a life estate deed is a legal transfer of the title of a property. This is legally binding and the transaction is complete when the life estate is executed. Essentially, in order to reverse a life estate both parties would need to agree to make it happen.

Understanding Transfer on Death This applies to assets such as bank accounts, brokerage accounts, and securities. However, Vermont law does not currently allow real estate to be transferred via TOD deeds.

Cons of a Life Estate Deed Lack of control for the owner. ... Property taxes, which remain for the life tenant until their death. ... It's tough to reverse. ... The owner is still vulnerable to any debt actions that may be brought against the future beneficiary or remainderman.

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Vermont Quitclaim Deed of Life Estate Interest Created Under A Will, to the Remainderman